The Supreme Court has declared the Office of the Special Prosecutor Act, 2017 (Act 959) as constitutional.
In a judgment today, the apex court held that Sections 3 and 4 of Act 959 were not inconsistent with, or in contravention of, the 1992 Constitution, and were therefore not void, as a Legal Officer, Mr Noah E. Adamtey, had contended.
The apex court held that Sections 3 and 4 of Act 959 are not inconsistent with, or in contravention of, the 1992 Constitution, and are therefore not void, as a Legal Officer, Mr Noah E. Adamtey, had contended.
The court further held that the responsibility for all prosecutions was vested exclusively in the A-G, and that any person other than the A-G who prosecutes in the name of the Republic does so only on the authority of the A-G.
The court further held that the OSP holds an authorisation given by the A-G, in accordance with law, to initiate and conduct prosecutions, and that this authorisation subsists until it is amended.
The A-G, the court added, retains the power to enter a nolle prosequi in respect of matters brought by the OSP.
It also ruled that all prosecutions, convictions and freezing orders entered under Section 71 of the Act remain valid, and that nothing in the judgement impugns the authority of any prosecutor authorised by the A-G.
Credit: Graphic
